Legislation Updates

Since our last blog post, there have been several updates to accommodate the changing circumstances around COVID-19. These changes vary between different States and Territories. The changes are largely consistent with a recent statement by the Australian Health Protection Principal Committee (AHPPC) which issued an update on 19 June 2020 to their advice for aged […]

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Recent changes to the Retirement Villages Act 1999 (NSW) (Act) under sections 204 and 205, now allow the Minister for Better Regulation and Innovation to grant exemptions from compliance with specified provisions of the Act which would otherwise require non-compliance with a public health order issued under the Public Health Act 2010 (NSW) related to […]

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In a blog post in March (see here) we noted the different aged care directives introduced in response to COVID-19, at both a State and Federal level. Since then there have been several updates. The changes vary from jurisdiction to jurisdiction and in this update we draw your attention to recent important changes in directives […]

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Royal Commission investigating impact of COVID-19 While aged care providers continue to prepare, adjust and respond to the immediate risks and impacts of COVID-19, the Royal Commission ​​into Aged Care Quality and Safety (Royal Commission) is extending its own investigations into the impact of COVID-19 in Australia. As an initial step, the Commissioners requested submissions […]

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Amendments to the Aged Care Act were passed by both Houses of Parliament on 14 May 2020 that introduce new emergency leave provisions for aged care residents. The provisions introduce a new type of leave for residents who wish to take leave from their aged care home during the pandemic or in other “situations of […]

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Key points All retirement village operators and residential aged care providers have an important obligation to maintain a safe workplace for their staff, and a safe environment for residents.  The Privacy Act 1988 (Cth) (Privacy Act) will not stop critical information from being shared.  However, only information that is reasonably necessary to prevent or manage […]

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Following our recent blog, where we discussed increased restrictions which have been placed on visitors to residential aged care facilities, the Department of Health has now released a FAQs sheet regarding influenza vaccinations and residential aged care facilities, which can be found here. The update includes a number of relevant considerations. Refusal on the grounds of […]

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In response to COVID-19 and as part of the rolling restrictions being imposed at a State and Federal level, increased restrictions have been placed on visitors to residential aged care facilities around the country. The purpose of the restrictions is to restrict contact between residents and non-residents to mitigate the risk of residents contracting or […]

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Background The response to the novel coronavirus COVID-19 continues to evolve globally and residential aged care facilities in Australia are being impacted directly. In addition to the existing legal and regulatory obligations of approved providers, further restrictions and directives for aged care facilities were announced by the Prime Minister today. A human biosecurity emergency On […]

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The Commonwealth Parliament passed the Aged Care Legislation Amendment (New Commissioner Functions) Bill 2019 (Cth) (Bill) in the last sitting week, which will amend the Aged Care Act 1997 (Cth) (Aged Care Act), Aged Care Quality and Safety Commission Act 2018 (Cth) (Commission Act) and other related laws, which are expected to commence from 1 […]

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